McFarland v. Elmira Water, Light & Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William H. McFarland, as sole adminis trator, etc., from a judgment of the Supreme Court in favor of the defendant,. entered in the office of the clerk of the county of Chemung on the 2d day of February, 1909, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Chemung Trial Term.
1Dissent
Sewell, J. (dissenting):
The deceased was a bright, intelligent boy, had attended public school two years ; had had considerable experiences in the city of Elmira and other cities in crossing street railways, and appreciated to some extent the necessity for caution. His father-testified that he had told him repeatedly he should exercise care in being about railroad tracks and that he “ considered him of sufficient age to lock out for himself.”
The accident occurred some distance from the street crossing on the 18th day of February, 1908, between eleven and twelve o’clock in the forenoon. The…
2Cases cited3 opinions
- Weiss v. . Metropolitan Street Railway CompanyNew York Court of Appeals · 1901
- Sobol v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- White v. Albany RailwayAppellate Division of the Supreme Court of the State of New York · 1898